Cartersville Wills & Probate Lawyer, Virginia

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Includes: Estate Administration, Living Wills, Wills

Meredith  Yoder Lawyer

Meredith Yoder

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and commercial law matters, including: civil litigation, mergers and acquisitions, general corporate matters; commercial ... (more)

Trevor  Reid Lawyer

Trevor Reid

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Mr. Reid joined Parker, Pollard & Brown as an associate after receiving his law degree from the University of Richmond in 2008. His practice is concen... (more)

Stephen  Scarce Lawyer

Stephen Scarce

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Steve Bryant is a member of the firm’s litigation section. Steve defends clients charged with serious traffic offenses including DUIs; he was recen... (more)

Trevor B. Reid Lawyer

Trevor B. Reid

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Mr. Reid joined Parker, Pollard & Brown as an associate after receiving his law degree from the University of Richmond in 2008. His practice is co... (more)

Meredith L. Yoder Lawyer

Meredith L. Yoder

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and commercial law matters, including: civil litigation, mergers and acquisitions, general corporate matters; commercial ... (more)

Stephen E. Scarce Lawyer

Stephen E. Scarce

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and real estate matters, including purchases and sales, lender representation, business and loan workouts, commercial rea... (more)

Phoebe P. Hall

Wills, Wills & Probate, Family Law, Divorce
Status:  In Good Standing           

Franklin P. Hall

Wills, Wills & Probate, Family Law, Divorce
Status:  In Good Standing           

Vanessa L. Jones

Family Law, Wills & Probate, Farms, Child Support
Status:  In Good Standing           

Paula L Peaden

Wills & Probate, Estate Planning, Family Law, Elder Law
Status:  In Good Standing           

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LEGAL TERMS

FUNDING A TRUST

Transferring ownership of property to a trust.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

SAMPLE LEGAL CASES

Matthews v. Matthews

... Present: All the Justices. OPINION BY Justice S. BERNARD GOODWYN. In this case, we consider whether the circuit court erred in failing to dismiss a probate appeal when the party appealing the probate order of the clerk had also submitted a different will for probate. ...

Schilling v. Schilling

... In this appeal, we consider whether Code § 64.1-49.1, effective on July 1, 2007, applies to a writing made in 2005 but not offered for probate as a holographic will until after the maker's death in September 2008. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW. ...

Keener v. Keener

... The purpose of this Trust is to reduce or eliminate probate costs to the extent possible while maintaining complete control of my assets. ... Debra went to the clerk's office of the Circuit Court of Prince William County to ascertain whether her father's will had been offered for probate. ...